Custer chronicle. [volume] (Custer City, Black Hills, D.T. [S.D.]) 1880-1890, 1887-05-07
PRESIDENT OLEVELAND'S ORDER.
He Intervenes Between a Railway Corpo-
ration and a Settler in Behalf OF the

ration and a Settler in Behalf OF the
Latter.
WASHINGTON, April 27.-The president has
sent to the secretary OF the interior the fol-
lowing letter In relation TO the controversy
between Guilford L. Miller, a settler, and a
railroad corporation, Involving the question
of ownership Of certain lands.
EXECUTIVE MANSION, W~AsnISaroy, April
2j-Dear Sir: | have eIsmiutd with much
care and interest the question involved In the
conflicting claims Of Guilford l.. Miller and
the Northern Pacific K abroad company, 10
certain public land in Washington territory
The legal aspects Of the case have been exam
lned aud passed upon by several Ulcers OF the
government, who DO not agree in their con.
illusions. Miller claims TO be a settler upon
the land In q iestion, whose possession dates
from 1873. He alleges that he has made sub
stantial Improve ents upon this land and
cultivated the same under the homestead laws
on the 29th day OF December, 1884. The
railroad company contends that this land
is within the territory or area from which
It. was entitled to select such quantity OF
public land as might be necessary
TO supply any deficiency that should be found
TO exist In the specified land mentioned in a
grant by the gov eminent to sad company, IN
aid Of the construction Of It's road, such defic-
iency being contempl plated as likely TO arise,
I ON the paramount right OF private parties
and settlers within the territory embracing
said granted lands, and that the land In dis
pute was thus selected by the company on the
18Th day OF December, 1883. A large tract,
Including this land, was withdrawn by an
order Of the interior department from sale,
and from pre- tinption anu homt stead entry,
In ,S12, In anticipation OF The construction Ol
said railroad aud a denctency Of It's granted
lands. In lSS =. upon the ming Of a map of
the definite location OF tue road, the land In
controversy and much more, wuich tad been
SO withdrawn, was found To lie outside the
limits VIII ch included the granted iauds; but
It's wlthdra~a al aud reservation from set le.
meut snd entry, under our land lave, wssc,u-
ttuuct upon the theory that IL wac witAiu the
limits OF the Indemnity lsuds Shlch might Ue
selected ny the company a. provided by tue
law mnkiug the graut. The legal points upon
this cUulruytrty turnrd upon Tie faiiulty an
effect OF the withdrawal and RESERVATION
Oh bllb lduu, II INC CONTINUANCE
thereof. Tue attorney general is ot Ihc optb-
Ion mat sucn wthdi awal aud reservation
were at all tunes III ctua anu that they Up-
erotri 10 prevent Miller ftOm a curing auy
interest IN Or right 10 III laHu claimed 10y
LlHt. With thls intet pre-, atlOE OF the law,
aud the former uTd,Is auu action Of the
interiOr department, II viii be seen that their
fiect has been the Withdrawal ard Tesciva-
J tiuu, stucc 1872, Of thpu-aud, II not millions
! oil acres Of Inrrt lanus from the Operation of
thc taud laws Of tue Uuulted STA rs, thus
! plaCiHg tucm beyond the reach OF our citizens
drsiiug, vi der tue laws, 10 settle ana make
homes upon The same, aud that this has Oeeu
auuc for the bcnent 81 the railr, al company,
II having no fixed, certain or dehuaIr int st
IN such laudr. In TINS manner d beat fetal
| policy aud Intention OF tuc government ~ re-
| lAtinn to the pupllc domain have tor ali these
vuars, to that txt,nt, been INV ,rled. There
srvrIs 10 bg 10 evidence pre- sen Ell showing
how much, II any, Of IhlR Vas, tract IL necee-
.srl fer he fuiti,lmeut OF tue grant To that
railroad company, nor uUes there appear to
he al v Limitation OF time within when this
fact snUull hc ma re known ana Tie corpora.
I non ubiigrd to make its selection. After u
lapse OF I cen years, this large body OF public
domain is sttll heiu IN reserve to the cxclu-
sion Of settlers for the convenience
OF acpruorate beneficiary al the government
and avail ing It's selection, though II Is en-
/ trey certain that much of the reserve lands
! can never be honestly claimed 10y said cor
poratiou. In sucn condition the public
iands siould no longer continue. So far rs
II relates 10 the result 81 executive rules aud
nethuds, these should toe abandoned, and 50
lar rs II Is a cons, qIeDce Of an infringement
on the iawe, these should be repealed or
amended. Our pupliC domain r. our national
wealth, the earnest ~ oar growth aud hetIt-
aye ~ our pcOple. IL shos q promise limit.
less q veio, ment AMI r. %: relief L. crowd
iug population and .nrs TO THRIFT and
industry. These inraumable advantages
shuu q ht italuusiy guarded aud 4 c4rcful ana
( enlightened policy on the par; OF the govern
uicut should shuuid secure then Ia the peo-
pie III the case under c 'nstderation, ! as
sumo that there Is All ahun dance of land
with the area ahlch has been rtserved for
( the Indemnity. III watch no citizen ur settler
has any legal or tqut'ah'e interest, FIR al
purposes OF sucs inueInnlhcatiou u this rail
rad colnpaly y, II IT'S grant has not already
been satisfied. ! understand, too, that
| selections made toy surn cOruOr ,tiuns are
nor complete aud e~trectusl until the
same have been al proved 10y the secretary of
me interior, or uHItss thek are made in the
words OF the statute. under his direction.
You have thus far taken no action in this
matter and It seems 10 me thai y,u are In
! con iiti0n 70 deal " tn THE subject in such u
! manner as 10 protect ihis settler from hard
stip aud | IS | transmit herewith the papers
aud documents relating u the case, wmct
were submit ed e. me at my request, sng-
ge~t that You exc rcise the power and author
| t"v you have III ihe premises upon equitable
I 20 psidtrati0ts s, with every presumption and
intrurmrnt in favor OF the settler, and in
case you find this corporation Is entitled TO
seize u any more If these lands than it HIS
already AGA ured, that you direct it to select
IN lieu Of toe land upon which Miller has set
tleri, other lands within the m Is Of this in
{ dam I 4 TVAtInn tlIDn wEjph fIfFf nr h.
nor auN cit z II has in good faith settled or
made impr, V ments | call your attention
to section 245b and 245l f the revised stat
utes OF the Uuiied states as poiutiug out the
mode If procedure, which may perhar RS be re-
sorted 10, II necessary for tue purpose of
reachi q a Just and equitable disposition of
he case. The suggestions herein contained
can, | believe. be adopted without Disregard
inp as calliug 10 question the opinion Of the
encouragement upon the purely legal urnpo-
sitions which were submitted To him. Yours,
very tluly, GROvER CLEVELAND.
To the Secretary Of the Interior.